Circular No. 03/2004/TT-BNV guiding the implementation of Government Decree No. 114/2003/NĐ-CP dated October 10, 2003 on cadres and civil servants at commune, ward, and town levels.

 CIRCULAR

GUIDELINES FOR IMPLEMENTING DECREE NO. 114/2003/NĐ-CP OF THE GOVERNMENT ON RURAL AREA CIVIL SERVANTS AND PUBLIC OFFICIALS

OF VILLAGE, WARD, AND TOWNHOODS

WARD, TOWN.

Pursuant to Decree No. 114/2003/NĐ-CP dated October 10, 2003 of the Government on rural area civil servants and public officials of village, ward, and townhoods

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Home Affairs hereby issues guidelines for implementing Decree No. 114/2003/NĐ-CP dated October 10, 2003 of the Government as follows:

I. APPLICABLE OBJECTS:

1. Persons elected to hold positions for a term (commonly referred to as specialized staff at the commune level), include the following positions:

1.1. Secretary, Deputy Secretary of the Party Committee, Standing Secretary of the Party Committee (where there is no full-time Deputy Secretary for Party affairs), Secretary, Deputy Secretary of the Branch Committee (where the Party Committee at the commune level has not yet been established);

1.2. Chairman, Vice-Chairman of the People's Council;

1.3. Chairman, Vice-Chairman of the People's Committee;

1.4. Chairman of the Vietnam Fatherland Front Committee; Secretary of the Ho Chi Minh Communist Youth Union; Chairman of the Women's Union; Chairman of the Farmers' Association; and Chairman of the Veterans' Association.

2. Persons recruited and assigned to hold specialized professional positions within the People's Committee at the commune level (commonly referred to as civil servants at the commune level) include the following positions:

2.1. Military Commander;

2.2. Police Chief (where regular police forces have not been deployed);

2.3. Office - Statistics;

2.4. Justice - Household Registration;

2.5. Land Administration - Construction;

2.6. Finance - Accounting;

2.7. Culture - Social Affairs.

II. IMPLEMENTATION OF REGULATIONS AND WORKING SYSTEMS.

1. The People's Committee at the commune level shall establish a working regulation between the Party Committee, the People's Council, the People's Committee, and the Vietnam Fatherland Front Committee within the local political system to coordinate in leadership, management, operation, and mobilization of the people according to the locality's political responsibilities.

2. Commune-level civil servants shall be responsible for implementing the working regulations while addressing economic, social, security, and defense issues at the locality, matters directly related to the legitimate rights and interests of the people, and mobilizing the people to fulfill their political tasks at the locality.

3. Working system of commune-level civil servants;

3.1. Commune-level civil servants shall implement an 8-hour workday, 40-hour workweek system;

3.2. Implementing a duty roster at the People's Committee office during holidays, festivals, and days off as prescribed by the People's Committees at various levels.

III. MATTERS THAT COMMUNE-LEVEL CIVIL SERVANTS SHALL NOT ENGAGE IN

1. In cases where commune-level civil servants have established, participated in establishing, or managed operations of private enterprises, limited liability companies, joint-stock companies, partnerships, private hospitals, or private schools, they shall not engage in such activities for a minimum period of six months from the date of being elected to hold office or recruited as civil servants.

2. Those elected to hold positions as Secretary of the Party Committee, Chairman, or Vice-Chairman of the People's Council, Chairman, or Vice-Chairman of the People's Committee in units where their spouse, father, mother, children, siblings, or half-siblings are engaged in financial accounting, land administration, or construction work shall report to the People's Committee at the commune level to develop plans to reassign such civil servants within the commune or transfer them to work in other units within six months from the date of assuming the elected position.

IV. RECRUITMENT OF COMMUNE-LEVEL CIVIL SERVANTS

1. Recruitment of commune-level civil servants shall be carried out by the People's Committee at the district level in accordance with the recruitment regulations of the People's Committee at the provincial level.

2. The recruitment regulations of the People's Committee at the provincial level must specify in detail the entire composition of the recruitment committee for commune-level civil servants, the procedures and methods for conducting examinations (or selection), ensuring transparency regarding standards, target groups, number of candidates needed, procedures, application forms, submission deadlines, examination fees, verification processes, and announcement of results.

3. Selection for recruitment of commune-level civil servants may only be applied in cases involving highland, remote, border, island, or ethnic minority areas to meet the requirements for building a cadre workforce.

4. The Chairman of the People's Committee at the commune level, based on the recruitment decision of the People's Committee at the district level, shall arrange the use of commune-level civil servants and assign cadres and civil servants to guide probationers for a six-month period to ensure that probationers perform their duties and responsibilities properly; cultivate organizational discipline awareness and a sense of responsibility while performing official duties and maintaining moral character and lifestyle.

Upon completion of the probationary period, the probationer shall submit a report on results, and the guide shall provide comments on the probationer. The People's Committee at the commune level shall seek written opinions from relevant departments under the People's Committee at the district level, complete the file, and submit it to the People's Committee at the district level for consideration and decision on appointment to the civil service grade; if the conditions are not met, a decision to terminate employment shall be made.

V. AUTHORITY TO DISCIPLINE

1. Disciplinary actions against commune-level civil servants shall be decided by the competent authority managing such personnel according to the procedure; the disciplinary council at the commune level shall examine and propose the competent authority at the district level to make a decision. The competent authority at the district level shall decide on disciplinary actions against commune-level civil servants according to the cadre management hierarchy of the locality.

2. The composition and specific operational rules of the disciplinary council at the commune level shall be stipulated by the competent authority at the provincial level.

VI. RESPONSIBILITY FOR MANAGING COMMUNE-LEVEL CIVIL SERVANTS AND CIVIL SERVANTS

1. Based on the contents of commune-level civil servant management already stipulated in Chapter VI of Decree No. 114/2003/NĐ-CP dated October 10, 2003 of the Government on commune, ward, and townhood civil servants and public officials, the People's Committees at all levels shall implement annual statistical reports on the quantity, quality, results of placement and utilization, personnel files, and management records of commune-level civil servants in accordance with the guidelines of the Ministry of Home Affairs to achieve uniformity nationwide.

2. Annually, People's Committees at all levels base on the inspection and supervision plans of their direct superiors to develop and implement inspection and supervision programs for the management and use of, and compliance with regulations and policies concerning cadres and civil servants at the commune level.

3. The handling of complaints and denunciations related to organizational work, cadres, and civil servants at the commune level by People's Committees at all levels shall be carried out in accordance with the provisions of the Law on Complaints and Denunciations.

4. At the end of the year, cadres and civil servants at the commune level conduct self-assessments based on three aspects: political integrity, completion of assigned tasks, organizational discipline awareness, and lifestyle ethics, and evaluate and classify cadres and civil servants at the commune level into three categories: outstandingly completing tasks, completing tasks, and not completing assigned tasks.

VII. IMPLEMENTATION ORGANIZATION

This Circular takes effect fifteen days after its publication in the Official Gazette.

The People's Committee of the province bases on Decree No. 114/2003/NĐ-CP dated October 10, 2003 of the Government on cadres and civil servants, communes, wards, towns, and this Circular to guide implementation in accordance with specific local circumstances; during the implementation process, if there are difficulties, they should report to the Ministry of Home Affairs for supplementary guidance./.